What to Do In a Construction Conflict
Construction disputes and conflicts may arise from any number of causes. These conflicts can be due to contract disputes, licensing, payment issues, liens and bonds, delays in completion of a project, unclear expectations, or unsubstantiated claims.
No matter the cause, construction conflicts can add up to a major loss of time and money. In fact, it is estimated that in 2019, the global average value of construction disputes was over $33 million USD, and the average length of disputes was 17 months, according to recent studies. Miami construction dispute lawyers can help contractors avoid conflict before it starts, but if the conflict has already arisen, they can also help you navigate the next steps to minimize time and financial loss.
Who Can Be Involved in a Construction Dispute?
Anyone who works on a construction project can be involved in a construction dispute. Claims can be made against contractors, subcontractors, engineers, architects, plumbers, electricians, and any other party with a vested interest in the project.
Disputes can arise between contractors or between the property owner and those involved in the project. Miami construction dispute lawyers can represent the party bringing the claim as well as the party whom the action is being brought against.
Related: 4 Causes of Construction Disputes
What Are the Potential Outcomes of a Dispute?
When a dispute is brought forth, there are several potential outcomes. A few of these outcomes include:
- Mediation: This occurs when a neutral third party is brought in to help both parties come to a resolution. The final decision of the mediator is not legally binding. This is often the easiest and fastest way to resolve a dispute.
- Arbitration: Similar to mediation, arbitration involves the inclusion of a neutral third party to review all of the facts of the dispute or case and make a final determination. The determination is legally binding and is similar in process to litigation.
- Litigation: Litigation is often the last resort and is typically the most thorough, complex, and often costly way to settle a dispute or conflict. This involves a trial, a legally enforceable decision, and the possibility for appeal.
The important thing to remember is that disputes can be settled no matter the outcome. A Miami construction mediation attorney will discuss every step of the process with you and assist with mediation, arbitration, litigation, or any other potential outcome. They will also keep you informed about all of your legal options in any given dispute.
Related: Arbitration vs. Mediation
Should I Contact a Miami Construction Dispute Lawyer?
Consulting legal counsel any time a dispute is brought forth is necessary to protect both your business and personal assets, but you shouldn’t wait for a dispute to arise before contacting an attorney. A Miami construction dispute lawyer should be contacted prior to starting a construction project to help avoid potential issues. For example, an attorney can review your contracts to identify potential risks and will negotiate unclear clauses.
Working in the construction industry is accompanied by a substantial amount of risk. These risks can vary depending on your area of construction. Property owners are at risk for liens against their property. Contractors are at risk for defective work claims. Subcontractors are at risk for contract disputes. The list goes on and on. These types of legal issues require the expertise of competent and experienced construction lawyers. At Cotney Attorneys & Consultants, we offer professional legal representation to owners, contractors, subcontractors, material suppliers, and other professionals in the construction industry. Our Miami team consists of attorneys who not only understand laws at the state and federal level but who also possess varying years of experience in the construction industry.
If you would like to speak with a Miami construction mediation attorney, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.